House Bill 312: An Act Creating a Constitutional Amendment For Parental Rights

Authors:
Representative M. Lange

Summary:
This is a legislative proposal for a parental rights constitutional amendment.

Status:

1/12/2007

Introduced

1/17/2007

Referred to House Judiciary Committee

1/23/2007

Judiciary Committee Hearing

2/14/2007

Committee passed as amended

2/16/2007

Second reading

2/17/2007

Third reading and transmittal to Senate

3/24/2007

First reading and referred to the Senate Judiciary Committee

4/4/2007

Judiciary Committee hearing and tabled

HSLDA Position:
HSLDA supports this legislation.

Action Requested:
None at this time.

Background:

Parental rights are under siege. Parents, in many ways, are becoming “second class citizens” as lower courts elevate the power of the state to supersede the wisdom of parents. Parental choice is in jeopardy. Freedom is at stake. The basic fundamental freedom of parents to raise their children hangs in the balance.

Although the U.S. Supreme Court clearly recognizes parents’ rights as fundamental and thus protected by a higher standard of review, many lower courts over the last 25 years have eroded this traditional view of parental rights. A parental rights act will reaffirm parents’ rights, including the fundamental rights to make medical decisions, discipline, and direct the education and religious training of their children.

Furthermore, a parental rights act will mandate that courts apply the “compelling interest test” (i.e. “strict scrutiny standard”), requiring the state to prove that its regulation and infringement of parental rights is essential and the least restrictive means of fulfilling the state’s compelling interest.